93 Decision Citation: BVA 93-05970
Y93
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 92-10 577 ) DATE
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THE ISSUE
Entitlement to an increased evaluation for residuals of
a right middle finger injury, currently evaluated as 10
percent disabling.
REPRESENTATION
Appellant represented by: Disabled American Veterans
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
P. A. Dowdell, Associate Counsel
INTRODUCTION
The veteran served on active duty for training from November
1966 to April 1967 and from June 1971 to July 1971.
This matter comes before the Board on appeal from a rating
decision of January 1991 from the St. Paul, Minnesota,
Regional Office (hereinafter RO). That decision granted
service connection for residuals of the right middle finger
injury, namely post-traumatic degenerative joint disease
with flexion deformity, and assigned a 10 percent compens-
able evaluation. A notice of disagreement was received in
April 1991. A VA Form 1-9 (Appeal to the Board of Veterans'
Appeals) was received in April 1991 with a request for a
hearing. A hearing was held before a hearing officer in
June 1991, and the hearing officer rendered a decision in
June 1991. A statement of the case was issued in September
1991. A substantive appeal was received in September 1991.
The case was received and docketed at the Board in October
1991. The case was returned by the Board of Veterans'
Appeals to the RO in May 1992 in compliance with the
veteran's request for a Travel Board Hearing. The hearing
was canceled by the veteran in June 1992 when he also
requested that his appeal/claim for increased benefits be
dismissed. The case was returned to the Board in June 1992
and docketed in July 1992.
The veteran is represented by Disabled American Veterans.
The case was charged to Disabled American Veterans in August
1992. That service organization submitted additional
written argument in August 1992. The case is now ready for
appellate review.
CONTENTIONS OF APPELLANT ON APPEAL
The veteran requests that his appeal/claim for increased
benefits be dismissed.
DECISION OF THE BOARD
For the reasons and bases hereinafter set forth, it is the
decision of the Board that the Board is without jurisdiction
in the current matter and that the case is dismissed.
FINDINGS OF FACT
An allegation of an error of fact or law regarding the issue
of entitlement to an increased evaluation for residuals of a
right middle finger injury has been withdrawn and is not
currently before the Board.
CONCLUSION OF LAW
The appeal is dismissed. 38 U.S.C.A. §§ 7105(d)(5) (West
1991).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Board has jurisdiction over appeals involving benefits
under the laws administered by the Department of Veterans
Affairs. 38 U.S.C.A. § 7104; 38 C.F.R. § 20.101(a) (1992).
An appeal consists of a timely filed notice of disagreement
in writing and, after a statement of the case has been
furnished, a timely filed substantive appeal. 38 C.F.R.
§ 20.200 (1992).
Within certain limitations, an appeal may be withdrawn at
any time before the Board of Veterans' Appeals renders a
decision. 38 C.F.R. § 20.204 (1992). The Board may
dismiss any appeal which fails to allege specific error of
fact or law in a RO determination being appealed. 38 C.F.R.
§ 20.202 (l992).
In a letter written by the veteran to the Department of
Veterans Affairs, RO, St. Paul, Minnesota, the veteran
stated, "I am dismissing my claim for more benefits. I
have found a company that will hire a one and a half handed
plumber and as long as I can support my family, you can use
the money for those who need it more." Since the veteran
has withdrawn his appeal of the issue of entitlement to an
increased evaluation for residuals of a right middle finger
injury currently evaluated as 10 percent disabling, and
there is no other issue properly before the Board, the Board
has no jurisdiction over the instant case. Accordingly,
this appeal is dismissed for lack of jurisdiction.
ORDER
The appeal is dismissed.
(CONTINUED ON NEXT PAGE)
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
*
URSULA R. POWELL (Member temporarily absent)
LAWRENCE M. SULLIVAN
*38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of
Veterans' Appeals Section, upon direction of the Chairman of
the Board, to proceed with the transaction of business
without awaiting assignment of an additional Member to the
Section when the Section is composed of fewer than three
Members due to absence of a Member, vacancy on the Board or
inability of the Member assigned to the Section to serve on
the panel. The Chairman has directed that the Section
proceed with the transaction of business, including the
issuance of decisions, without awaiting the assignment of a
third Member.
NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West
1991), a decision of the Board of Veterans' Appeals granting
less than the complete benefit, or benefits, sought on
appeal is appealable to the United States Court of Veterans
Appeals within 120 days from the date of mailing of notice
of the decision, provided that a Notice of Disagreement
concerning an issue which was before the Board was filed
with the agency of original jurisdiction on or after
November 18, 1988. Veterans' Judicial Review Act, Pub. L.
No. 100-687, § 402 (1988). The date which appears on the
face of this decision constitutes the date of mailing and
the copy of this decision which you have received is your
notice of the action taken on your appeal by the Board of
Veterans' Appeals.